THE NATIONAL HUMAN RESOURCES DIRECTORY

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Parental Leave - Important Changes

Details: Category: News Articles

On 25 October 2023, the High Court pronounced that the current provisions of the Basic Conditions of Employment Act (and the Unemployment Insurance Fund Act) dealing with Maternity- and other types of Parental leave, are unconstitutional and accordingly invalid.

The basis for this finding was that it is unfairly discriminatory on the basis of the rights to equality and dignity.

The case before the Court

In the case of Van Wyk & Others v Minister of Employment and Labour (Case 2022-017842) the issue was about Mrs van Wyk, who had her own business and who wanted to return to work as quickly as possible after giving birth; and their decision that Mr van Wyk (who was a salaried employee) would be caring for the child. Under the BCEA, the father could however only get 10 days’ parental leave that would be covered by UIF, and not the full 4 months, as would apply to maternity leave. This situation gave rise to the matter before the court.

The basis of the argument to the Court was that the parental provisions of the BCEA unfairly discriminate between mothers and fathers, as well as between different sets of parents on the basis of whether their children were born of the mother, or were conceived of surrogacy or adopted, or their gender, and the fact that it was assumed that one parent is the primary care giver and the other is only an ancillary parent. It was argued that the focus of parental leave should be on the nurturing of the child, and not on the physiological recovery of the birth-mother.

The High Court mostly agreed, and found that -

HR Networking Events - Johannesburg

Details: Category: News Articles

🌟 Calling all HR Professionals in Johannesburg! 🌟

We are receiving numerous requests from HR professionals in Johannesburg to host our renowned HR Networking events in your city!

But before we make any decisions, we want to hear from YOU! Your insights are invaluable in shaping the logistics and content of these events.

📣 Here's how you can help:

We kindly request your participation in a 2-minute survey designed to gather your thoughts and preferences regarding an HR Networking Event in JHB. Your feedback will play a crucial role in understanding expectations, preferred topics, and scheduling preferences regarding location and timing.

📋 Please take a few moments to complete the survey by clicking on the link below:

Survey Link: https://forms.gle/8JHVveK8tbdWGQkx8

Feel free to share this survey with any HR colleagues who may also be interested in attending. We want to ensure that these events cater to the unique needs of the HR community in Johannesburg.

Thank you for being a part of our HR network, and we can't wait to hear your thoughts! 💼🤝

What powers do the Labour Courts have?

Details: Category: News Articles

BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.. Go to: www.labourlawadvice.co.za

The Labour Relations Act (LRA) gives the Labour Court and Labour Appeal Court numerous and strong powers to make decisions relating to labour disputes. Section 158 of the LRA gives the Labour Court the power to make, amongst others, orders:

Granting urgent relief and interdicts
Remedying wrongs and determining disputes
Clarifying legal circumstances (declaratory orders)
For compensation and damages
For legal costs to be paid by the loser to the winner of a case
Enforcing compliance with the provisions of the LRA
Enforcing arbitration awards
Condoning the late filing of disputes or documents with the Court
Reviewing decisions made or acts performed by the State
Reviewing awards and rulings made by CCMA and bargaining council Arbitrators.

These orders may deal with various dispute types including unfair dismissals for misconduct, poor performance, illness and operational requirements.

Embrace a new management style and lead your team into the future!

Details: Category: News Articles

The workplace is changing, and Gen X and boomer managers need to adapt to the new generation of leaders: millennials. Millennials have different expectations and needs than their predecessors, and they require a different style of management.
Here are a few reasons why Gen X and boomer managers need to understand the importance of a new style of management for millennial leaders:

Addressing the growing threat of substance abuse in mining operations

Details: Category: News Articles

Mining companies face significant safety risks associated with the use of nyaope and cannabis among their employees, jeopardising both the well-being of workers and the overall safety of operations. These substances can severely impair users' ability to concentrate, posing challenges to maintaining focus during work. To ensure the safety of mineworkers, minimise incidents of injury, and maximise productivity, mining companies should consider adopting saliva testing as a more suitable method of screening. Saliva testing offers shorter detection periods indicating recent usage when compared to urine testing. Its sample collection process is less invasive, making employees more willing to comply with testing requirements. Furthermore, drugs can be detected in saliva within minutes of usage, enabling quicker identification compared to urine samples, which may take up to 72 hours to reveal drug presence. Embracing saliva testing can effectively accelerate the detection of drug use among mine employees, promoting a safer work environment.

Legislative necessity for testing

The Mine Health and Safety Act (MHSA) is the primary legislation that regulates health and safety in the mining industry. The MHSA requires mine owners to